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Removing Clamp From Car? What You Need To Know 2022

HomeParking TicketsRemoving Clamp From Car? What You Need To Know 2022
removing clamp from car

Were you clamped recently? And would you like to know more about removing a clamp from your car? If so, you’re definitely not alone.

I’ve gleaned information on the laws that cover when and why a vehicle can be clamped. Plus, I explain how UK law changed how debts are enforced by bailiffs and enforcement agents. Read on to find out more.

Do You Have to Pay?

In many circumstances, parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat with an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

When can your car be clamped?

Your car cannot be clamped, blocked or towed aways when parked on private land unless the person has the lawful authority to do so.

A lawful authority could be the Police, DVLA and local councils/authorities. They have the power to clamp your car if it’s incorrectly parked (or untaxed).

When can a bailiff clamp a car?

Under the Taking Control of Goods Regulations 2013, bailiffs can only ‘take control’ of a motor vehicle when the debtor owns the car.

A bailiff cannot take control of a motor vehicle if:

  • It belongs to a third-party
  • The car displays a valid Blue Badge

Also, a bailiff cannot take a motor vehicle if it is subject to:

  • Hire purchase
  • Finance
  • Logbook loan

However, this would depend on several factors, including the type of finance agreement on the vehicle.

If you’re unsure of what to do, I recommend you seek advice before trying to remove a wheel clamp from your car. You might end up in serious trouble if the clamp was put on by the authorities!

Note: If you are worried a bailiff may clamp your car, park it somewhere else than on your driveway.

Can bailiffs clamp my car in a private car park?

A bailiff can only legally clamp your car if it’s parked on your driveway, at your place of business, or on a public highway. They cannot clamp your vehicle if it’s parked:

  • On private property (another person’s drive)
  • A supermarket car park
  • Motorway service areas

However, if your car is parked on a highway, the Taking Control of Goods Regulations 2013 under regulation 18.2, enforcement agents can ‘secure’ it with an immobilisation device (clamp).

If you’re worried that bailiffs are about to clamp/seize your car, move it somewhere safe. This allows you the time to sort things out.

Note: A bailiff MUST provide a Warning of Immobilisation when they clamp your car.

removing clamp from car

How long can a bailiff clamp my car for?

Once your car is clamped by a bailiff, you have 2 hours to pay what you owe. After this, the bailiff can take your vehicle.

Note: Bailiffs cannot charge you a removal fee (sale stage fee) unless the 2 hours have elapsed (Regulation 18.5)

Can I remove the wheel clamp myself?

No. It’s an offence to remove a wheel clamp under Section 68.1 of Schedule 12 (TCEA 2997). You could be sent to prison or fined for removing the wheel clamp.

Note: Only a court can rule whether a bailiff acted legally or not when they clamp your car!

What happens if I remove a wheel clamp?

An enforcement agent will inform the Police, who will try to find the vehicle using ANPR. If the Police find the car, they will impound it. Plus, you risk being arrested!

Is it illegal to clamp on private property?

The Protection of Freedoms Act rules that it is illegal to clamp or tow a motor vehicle away when it’s parked on private land. That is unless there is lawful authority to do so!

I recommend you:

  • Check who clamped your car
  • Make sure it’s not the Police or DVLA
  • Do not attempt to remove the wheel clamp yourself, which could lead to a prosecution

Next, contact the number on the wheel clamp and request it be removed.

Note: Landowners/parking operators can issue Parking Charge Notices, but they cannot clamp cars!

Summary of rules relating to clamping motor vehicles

Here is an overview of the regulations on clamping:

  • A private operator cannot legally place a wheel clamp on a car parked on private land in Scotland
  • The Police, local councils and the DVLA can clamp cars parked on private land in exceptional circumstances
  • Your vehicle can be clamped by the Police, local councils or the DVLA if it is parked illegally on public land or highways
  • The DLVA can clamp untaxed cars unless they are parked on the owner’s property
  • Enforcement officers can clamp/seize a car when several fines are owed

The Driving and Vehicle Standards Agency (DVSA) can clamp cars if they are deemed a danger to other road users. This includes when a vehicle:

  • Is deemed unroadworthy
  • Overloaded
  • Driven by a driver for too many hours (commercial vehicles)
  • A fine to the DVSA is outstanding

When you have an outstanding debt and find your car clamped, don’t try to remove it yourself. Instead, you should first contact the authority or bailiff who clamped the vehicle and ask for it to be released.

Note: You will have to pay what’s owed to remove the clamp!

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

GET STARTED

Lastly, should you remove a wheel clamp from my car?

No, because it could lead to a prosecution. Even when you feel the wheel clamp is unfair or placed illegally, don’t be tempted to remove it.

First, check who placed the wheel clamp on your vehicle. Next, contact them to have it removed. You may have to pay a fine, or you may have to settle the debt first if you owe money.

Thanks for reading my post on removing a clamp from a car. I hope the information helps you understand the law and how removing a clamp could result in a fine and even a prosecution!

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